MATTER OF BEERS v. NYQUIST


72 Misc.2d 210 (1972)

In the Matter of George F. Beers, Petitioner, v. Ewald B. Nyquist, as Commissioner of Education of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

June 2, 1972


Attorney(s) appearing for the Case

Fudeman & Renaldo (Emanuel Tabachnick of counsel), for petitioner. Robert D. Stone, John P. Jehu and Lawrence W. Reich for Ewald B. Nyquist, respondent. Shane & McCarthy for Board of Education, Ellicottville Central School District, respondent.


GEORGE L. COBB, J.

This proceeding (CPLR art. 78) is brought to review the decision of the Commissioner of Education which upheld the elimination by the respondent Board of Education of the position then being occupied by the petitioner.

It appears that during the school year 1970-71, and for some time prior thereto, the petitioner was the director of guidance of the respondent school district, and that...

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